Common use of ESTOPPEL CERTIFICATE; CONSENT Clause in Contracts

ESTOPPEL CERTIFICATE; CONSENT. Section 14.1 Tenant agrees that it shall, at any time and from time to time upon not less than ten (10) days’ prior notice by Landlord, execute, acknowledge and deliver to Landlord a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been any modifications, that the Lease is in full force and effect as modified and stating the modifications), the Base Rent and Supplementary Rent payable and the dates to which the Base Rent and Supplementary Rent have been paid, that the address for notices to be sent to Tenant is as set forth in this Lease, stating whether or not Landlord is in default in keeping, observing or performing any term, covenant, agreement, provision, condition or limitation contained in this Lease and, if in default, specifying each such default, the Commencement Date and Expiration Date for the current Term, that Tenant is in possession of the Premises, and any other customary matters reasonably requested by Landlord, any Mortgagee, or any Superior Landlord; it being intended that any such statement delivered pursuant to this Article 14 may be relied upon by Landlord or any Superior Landlord or any prospective purchaser of the Premises or any Mortgagee thereof or any assignee of any Mortgage upon the Premises. Tenant shall also cause any Subtenant to deliver a statement as to the foregoing matters with respect to the applicable Sublease, and the same parties shall be entitled to rely on such estoppel certificate. Section 14.2 Landlord may secure financing of its interest in the Premises by, among other things, assigning Landlord’s interest in this Lease and the sums payable hereunder to Mortgagee. Tenant agrees, upon not less than ten (10) Business Days’ prior notice by Landlord, to execute, acknowledge and deliver to Landlord such certificates and other documents as may be reasonably requested by Landlord. Section 14.3 Landlord agrees that it shall, at any time and from time to time upon not less than ten (10) days’ prior notice by Tenant, execute, acknowledge and deliver to Tenant a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been any modifications, that the Lease is in full force and effect as modified and stating the modifications), the Base Rent and Supplementary Rent payable and the dates to which the Base Rent and Supplementary Rent have been paid, that the address for notices to be sent to Landlord is as set forth in this Lease, stating whether or not to the knowledge of Landlord that Tenant is in default in keeping, observing or performing any term, covenant, agreement, provision, condition or limitation contained in this Lease and, if in default, specifying each such default, the Commencement Date and Expiration Date for the current Term, that Tenant is in possession of the Premises, and any other matters requested by Tenant; it being intended that any such statement delivered pursuant to this Article 14 may be relied upon by Tenant or any prospective purchaser of the Premises.

ESTOPPEL CERTIFICATE; CONSENT. Section 14.1 Tenant agrees that it shall, at any time and from time to time but, provided no Event of Default exists and is continuing, not more than two (2) times during each Lease Year (except to the extent reasonably necessary in Landlord’s reasonable discretion or as otherwise required under the Mortgage Loan Documents), upon not less than ten thirty (1030) days’ prior notice by Landlord, execute, acknowledge and deliver to Landlord a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been any modifications, that the Lease is in full force and effect as modified and stating the modifications), the Base Rent and Supplementary Rent payable and the dates to which the Base Rent and Supplementary Rent have been paid, that the address for notices to be sent to Tenant is as set forth in this Lease, stating whether or not not, to Tenant’s Knowledge, Landlord is in default in keeping, observing or performing any term, covenant, agreement, provision, condition or limitation contained in this Lease and, if in default, specifying each such default, the Commencement Date and Expiration Date for the current Term, that Tenant is in possession of the Premises, and any other customary matters reasonably requested by Landlord, any Mortgagee, or any Superior Landlord; it being intended that any such statement delivered pursuant to this Article 14 may be relied upon by Landlord or any Superior Landlord or any prospective purchaser of the Premises or any Mortgagee thereof or any assignee of any Mortgage upon the Premises. Tenant shall also cause any Operating Subtenant to deliver a statement as to the foregoing matters with respect to the applicable Operating Sublease, and the same parties shall be entitled to rely on such estoppel certificate. Section 14.2 Landlord may secure financing of its interest in the Premises by, among other things, assigning Landlord’s interest in this Lease and the sums payable hereunder to Mortgagee. Tenant agrees, upon not less than ten thirty (1030) Business Daysdays’ prior notice by Landlord, to execute, acknowledge and deliver to Landlord such commercially reasonable certificates and other documents as may be reasonably requested by Landlord. Section 14.3 Landlord agrees that it shall, at any time and from time to time upon not less than ten (10) days’ prior notice by Tenant, execute, acknowledge and deliver to Tenant a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been any modifications, that the Lease is in full force and effect as modified and stating the modifications), the Base Rent and Supplementary Rent payable and the dates to which the Base Rent and Supplementary Rent have been paid, that the address for notices to be sent to Landlord is as set forth in this Lease, stating whether or not to the knowledge of Landlord that Tenant is in default in keeping, observing or performing any term, covenant, agreement, provision, condition or limitation contained in this Lease and, if in default, specifying each such default, the Commencement Date and Expiration Date for the current Term, that Tenant is in possession of the Premises, and any other matters requested by Tenant; it being intended that any such statement delivered pursuant to this Article 14 may be relied upon by Tenant or any prospective purchaser of the Premises.

ESTOPPEL CERTIFICATE; CONSENT. Section 14.1 Tenant agrees that it shall, at any time and from time to time time, but no more than quarterly unless an Event of Default shall be continuing, upon not less than ten (10) days’ prior notice by LandlordLandlord or any Lender, execute, acknowledge and deliver to Landlord the person requesting the same a statement in writing certifying (i) that this Lease is unmodified and in full force and effect (or if there have been any modifications, that the this Lease is in full force and effect as modified and stating the modifications), (ii) the Base Rent, Supplementary Rent and Supplementary Other Rent payable and the dates to which the Base Rent, Supplementary Rent and Supplementary Other Rent have been paid, (iii) the amount of Base Rent actually paid on the last date such Base Rent was paid, (iv) the amount of Management Fees subtracted from Base Rent on the last date such Base Rent was paid, (v) the date through which Management Fees have been paid in full, (vi) that the address for notices to be sent to Tenant is as set forth in this Lease, stating (vii) whether or not to Tenant’s actual knowledge, Landlord is in default in keeping, observing or performing any term, covenant, agreement, provision, condition or limitation contained in this Lease and, if in default, specifying each such default, (viii) the Commencement Date and Expiration Date for the current TermDate, (ix) that Tenant is in possession of the Premises, and (x) any other customary matters reasonably requested by LandlordLandlord or Lender, any Mortgageeas applicable, or any Superior Landlord; it being intended that any such statement delivered pursuant to this Article 14 XIV may be relied upon by Landlord or any Superior Landlord or and any prospective purchaser of the Premises or any Mortgagee thereof or any assignee of any Mortgage upon the Premises. Tenant shall also cause any Subtenant to deliver a statement as to the foregoing matters with respect to the applicable Sublease, Lender and the same parties shall be entitled to rely on such estoppel certificateprospective Lender. Section 14.2 Landlord may secure has secured financing of its interest in the Premises by, among other things, assigning Landlord’s interest in this Lease and the sums payable thereunder and hereunder to Mortgagee. Tenant agreeshereby consents to such assignment and, upon not less than ten (10) Business Days’ prior notice by Landlordwithout further consideration, agrees to execute, acknowledge execute and deliver documents and certificates reasonably requested by Mortgagee to Landlord evidence same and provide additional information and take such certificates and other documents actions as may be reasonably requested by Landlord. Section 14.3 Landlord agrees that it shallnecessary to consummate the purposes under the Loan Documents; provided, at any time and from time to time upon not less than ten (10) days’ prior notice by Tenant, execute, acknowledge and deliver to Tenant a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been any modificationshowever, that the Lease is in full force and effect as modified and stating the modifications), the Base Rent and Supplementary Rent payable and the dates to which the Base Rent and Supplementary Rent have been paid, that the address for notices to be sent to Landlord is as set forth in this Lease, stating whether or not to the knowledge of Landlord that Tenant is in default in keeping, observing or performing any term, covenant, agreement, provision, condition or limitation contained in this Lease and, if in default, specifying each such default, the Commencement Date and Expiration Date for the current Term, that Tenant is in possession result of the Premisesforegoing actions shall not put Tenant in a materially worse position or increase Tenant’s costs hereunder (other than the direct costs of implementing such changes, and any other matters requested by Tenant; it being intended that any such statement delivered pursuant as legal fees, which Tenant hereby agrees to this Article 14 may be relied upon by Tenant or any prospective purchaser of the Premisespay).